kompetenz-kompetenz Archives

S. 21 A&C Act notice arbitral tribunal implead

Non-issue of notice to certain parties under S. 21 of A&C Act does not strip the Arbitral Tribunal of its jurisdiction to implead: SC

“Section 21 does not expressly mandate the claimant to send a notice invoking arbitration to the respondents. However, the provision necessarily mandates such notice, as its receipt by the respondent is required to commence arbitral proceedings”.

Experts Corner Vasanth Rajasekaran

Beyond the Signature: Supreme Court Redefines Party Status in Arbitration Proceedings using the Group of Companies Doctrine

by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2023 SCC OnLine Blog Exp 85

Case Briefs High Courts

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle